State v. Rollins
Supreme Court of Vermont
This was á prosecution 'for intoxication begun by complaint of a town grand juror and' coming by appeal from a justice’s jtidgment to the county court. ' Heard at the September term, 1892,'Thompson, J., presiding, upon the defendant’s plea to the jurisdiction. Plea overruled and respondent ordered to answer over. The respondent' excepts..
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This was á prosecution 'for intoxication begun by complaint of a town grand juror and' coming by appeal from a justice’s jtidgment to the county court. ' Heard at the September term, 1892,'Thompson, J., presiding, upon the defendant’s plea to the jurisdiction. Plea overruled and respondent ordered to answer over. The respondent' excepts.. After the entry of the case in the county court the respondent filed a plea to the jurisdiction, alleging that the proceedings were void for the reason that the town grand juror upon whose complaint the prosecution was begun had never taken the oath of…
1Opinion of the Court
*610The opinion of the court was delivered by
START, J.
The complaint was made by a grand juror who had not taken the oath of office. No question is made but that the objection was seasonably taken. R. L. s. 2,669 provides that the clerk, constables, grand jurors, and listers of each town shall be sworn before entering upon the discharge of their duties and that the town clerk shall make a record of their having done so. This statute was enacted in 1872, and was construed in Ayers v. Moulton, 51 Vt. 115, to be mandatory upon listers, and that substantial compliance •with it was necessary to give…
2Cases cited2 opinions
- Ayers v. MoultonSupreme Court of Vermont · 1878
- Lynde v. Town of DummerstonSupreme Court of Vermont · 1888